MaltShlitz wrote:So you guys just used the name Action for a game with stunts and it doesn't have anything to do with AHL? WTF? Just riding cost tails?

Double-action

A double-action, also known as double-action only (DAO) to prevent confusion with DA/SA designs, is similar to a DA revolver trigger mechanism. The trigger both cocks and releases the hammer or striker. However there is no single-action function. A good example of this action is the SIG Sauer DAK trigger. For semi-automatic pistols with a traditional hammer (that employ only the double-action function of the trigger), the hammer will return to its decocked position after each shot. Subsequent shots require the double-action trigger firing sequence. For striker-fired pistols such as the Taurus 24/7, the striker will remain in the rest position through the entire reloading cycle. This term applies mostly to semi-automatic handguns; however, the term can also apply to some revolvers such as the Smith & Wesson Centennial, the Type 26 Revolver, and the Enfield No. 2 Mk I revolvers, in which there is no external hammer spur. Glock and Kahr semi-automatic pistols are not DA (or DAO) pistols because the striker is "cocked" to an intermediate position by the operation of the slide and they cannot be re-activated by pulling the trigger a second time.

Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similarto a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers.

So you know, I'm not hating on your game. I just gave your game a try. There's some cool ideas in there. But this comes off as if it either intentionally trying to confuse people and ride on cost tails of other people for fans, or you don't care wich is just as bad. If you are trying to build a player base for a game both make no sense to me. Why piss off potential fans at the beginning. Just a thought.

The similarity between Action Half-Life and Double Action didn't occur to me until you said it, and you're the first person in 3 years to mention it. The AHL people never trademarked anything, and anyway as previously mentioned it's a gun reference and also a reference to the action shooter genre in general.

But I never meant to fool anybody and if I did accidentally I'm sorry.

That's good to know. Makes it easier to like your game but in all honesty I though Double Action was a clever way to say it was a sequal to Action without naming the game engine it's using. Action Quake 2, Action Half-Life... Double Action! Seems legit.

But just so you know, in the US at least, you don't have to file anything to be protected. You just have to use a trademark to be protected by law. Registering only makes it easier to defend. The only way you lose a trademark is if it isn't used for over 5 years. And looking at AHL2's website, it looks like they released a version last year.

No money is on the line now since your mod is free and theirs is currently free. I only say this because now it's so easy for mods to go commercial that you could find yourselves getting hit with a lawsuit later if something does happen with AHL2 or DA going commercial. And even if you won, which to me looks a little fuzzy. You may be ok. Dunno. But even if you won it could cost a lot money to defend in court.

MaltShlitz wrote:But just so you know, in the US at least, you don't have to file anything to be protected. You just have to use a trademark to be protected by law. Registering only makes it easier to defend. The only way you lose a trademark is if it isn't used for over 5 years. And looking at AHL2's website, it looks like they released a version last year.

I believe you're thinking of copyrights. You don't have to file a copyright to be protected. That means we can't take another game's stuff and pass it off as our own, even if they didn't file for a copyright. We haven't taken any of AHL's stuff, obviously, except for anything that may have been freely given when we had the guy on our team.

A trademark is different. You do have to file for a trademark, and you have to actively defend it or else you lose it. It costs tons of money and nobody likes to do it except lawyers.

MaltShlitz wrote:But just so you know, in the US at least, you don't have to file anything to be protected. You just have to use a trademark to be protected by law. Registering only makes it easier to defend. The only way you lose a trademark is if it isn't used for over 5 years. And looking at AHL2's website, it looks like they released a version last year.

I believe you're thinking of copyrights. You don't have to file a copyright to be protected. That means we can't take another game's stuff and pass it off as our own, even if they didn't file for a copyright. We haven't taken any of AHL's stuff, obviously, except for anything that may have been freely given when we had the guy on our team.

A trademark is different. You do have to file for a trademark, and you have to actively defend it or else you lose it. It costs tons of money and nobody likes to do it except lawyers.

From the USPTO:

Must I register my trademark?No. You can establish rights in a mark based on use of the mark in commerce, without a registration. However, owning a federal trademark registration on the Principal Register provides several important benefits.

Ott: Try telling Apple you can't trademark a generic term after they got sued by the Beatles. A generic term can absolutely become a trademark if there is enough distinction. The whole point of trademarks are to let people know who made what product. And considering how similar DA is to AHL in the grand scheme of things it's not out of the realm of possibility it could hold up. Your title does confuse people. I saw that other thread where another newb had the same confusion. As DA gets more exposure it could happen more.

If money for either team ends up being on the line, it's not your or my opinion that would matter anyway. It would be a judge's. DA is a fun game from what I played. You may want to sell it in the future. Or the AHL guy may want to sell theirs eventually. You are likely right that it wouldn't hold up in court. But it would still be expensive to find out who was right.